How to divide proceeds from a home sale?

UPDATED: Oct 1, 2022

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How to divide proceeds from a home sale?

I moved out of my home 13yrs ago and now my ex is going to sale the property. Am I still entitled to 50 of the proceeds although I haven’t paid any mortgage payments in that time or helped with the upkeep of the property? My name is still on the mortgage and I did sign the contract so he could list the house.

Asked on December 6, 2017 under Real Estate Law, Delaware


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

How was the house handled in the Stipulation of Settlement?  What does it say happens to it? If it was never addressed then that is an issue and if you are still on the deed then you have leverage here becuase you have to sign the new one to transfer the property upon sale.  As to how much you would get, that can be tricky.  Your ex gets a credit for any monies paid and improvements made.  You would really not be entitled to half the value now if there was a passive increase just over time.  You would need a value as of the date the divorce was filed or when you moved out 13 years ago.  You need legal help here.  Good luck.  

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